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Man found with a gun, cash and drugs will not be deported — yet

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A 40-year-old man convicted of unlawful possession of illegal drugs and a firearm was sentenced to serve 20 months at the Territorial Correctional Facility (TCF) last week as a condition of his 5-year probation.

Savaliga Fetalaiga, who has been in custody since his arrest unable to post a $10,000 surety bond, appeared in High Court last week for sentencing.

Fetalaiga was initially charged with unlawful possession of methamphetamine (meth) with intent to distribute; and unlawful possession of marijuana with intent to distribute, both unclassified felonies. Each count is punishable by not more than 20 years imprisonment and a fine of not more than $20,000 or both.

He was also charged with one count of possession of an unregistered firearm, a class A misdemeanor.

Under a plea agreement with the government, accepted by the court two months ago, Fetalaiga pled guilty to the amended charge of unlawful possession of meth, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both; along with a class A misdemeanor charge of possession of an unregistered firearm.

Fetalaiga admits that on Nov. 12th, 2020, he unlawful possessed a quantity of meth and an unregistered firearm in his vehicle when two police officers stopped him for a traffic violation.

When given the chance to address the court, Fetalaiga asked for forgiveness saying that the only reason he left his parents and young siblings in Samoa was to seek a better future for his family, especially his wife and young children.

Fetalaiga spent a few minutes telling his life story to the court. He told the court that over the past 15 years while residing in American Samoa, he has worked hard to provide for his family over here along with his parents and siblings in Samoa. He started his employment in American Samoa with a company that unloads fish from fishing vessels. He earned $120 a week, and it was more than enough to provide for his wife and two children at the time.

Two years later, he moved to the cannery and worked there as a fish cleaner after he got his first immigration I.D. Things were seemingly going very well in his life until he decided to be his own boss and started working as a mechanic in 2019.

 “That’s when my life turned up-side-down when I congregated with friends who deal in drugs. I spent money on drugs instead of my family and I also spent more time with people doing drugs instead of my family,” Fetalaiga told the court with tears in his eyes.

“I made a terrible mistake in life when I choose to do drugs to earn extra money for me and my family. I was selfish and thought that no one could touch me because I had money, friends and especially weapons surrounding me. However, after spending 15 months in custody without my friends, money or weapon, I realize that the only thing that really matters to me is my family.”

He told the court that every time his wife and children visit him in prison and provide food and everything he needs, it breaks his heart knowing that he failed to do his part as a father to provide everything for his wife and children and care for them.

Fetalaiga told the court that he’s truly remorseful and learned his lesson while living in jail for over a year.

He told the court that he deserves to be punished because he violated laws of the land. However, he begged for a second chance and at the same time promised the court that if he’s given a second chance, he would do his best to prove to the court that he’s a changed man.

“I promise your honors that if given the opportunity to rebuild my life, I promise that I will never go back to my old life again, I will seek employment to pay for my fine and provide food for my children and wife.”

The defense attorney asked the court to uphold the Probation Office’s recommendation for a probated sentence for his client, to give him another chance to get his life together and get a job to support his family. He said that the story his client told the court revealed the fact that he’s truly remorseful for his actions and wanted to go back home to start a new chapter in life.

The defense attorney further stated that spending more than 15 months behind bars, Fetalaiga has learned a lesson, and he will also attend and complete drug counseling.

The prosecutor supported the defense attorney’s argument, saying that the government believes the defendant is a suitable candidate for a probated sentence, and the court should grant probation and give him time to change his life and address his drug problem.

After hearing the defendant’s plea and the mitigating factors from both parties, a recess was called before the court handed down its sentence.

A recap of the facts of the case was made before sentencing was handed down.

FACTS OF THE CASE

According to the court, charges against Fetalaiga stem from a traffic stop during the early morning hours of Nov. 12th, 2020, when cops allegedly confiscated from the defendant’s vehicle a weapon (12-gauge shotgun), narcotics and ammunition, according to court documents, which also state that Fetalaiga’s vehicle was allegedly traveling at an “unknown high rate of speed” and this was the reason why it was stopped by police.

Court documents reveal that defendant’s driver’s license expired two years ago. Fetalaiga had no form of identification on him when he was pulled over.

Also allegedly discovered inside a backpack was cash totaling $858.

A check at DPS Records Office revealed that Fetalaiga’s name was not on any file for weapons registration.

COURT DECISION

Fetalaiga was sentenced to five years in jail and ordered to pay a $2,000 fine; however, the execution of the sentence was suspended and the defendant was placed on five years probation on the condition that he serve 20 months at the TCF, not possess any illegal drugs or consume any alcohol, and he is subject to random drug and alcohol testing.

The defendant was credited for the 15 months he served during his pretrial conference, which means, he has only 5 more months to serve.

Upon release from detention, Fetalaiga is ordered to immediately depart the territory and remain outside of its borders for the remaining period of his probation. This condition was stayed until further order of the court.

The defendant was also ordered to remain law abiding, seek gainful employment and pay a $2,000 fine within the first year after he’s released from detention.

The court reminded Fetalaiga that once he violates any conditions of his probation, or any other laws of the territory, there will no discussion about probation, but he will be ordered to serve the remaining period of his imprisonment term. Upon serving that sentence he will depart the territory.